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Florida Consumer Law Questions & Answers
2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: I want to sue a mobile auto repair company and the mechanic. Which area of law does this come under?

My SUV wouldn't start. I hired a local mechanic who works for a company based in California. Because I had to turn the ignition key and wiggle it to start the SUV, I suggested that may be the problem. He replaced the ignition switch (claimed he had to put in a new housing, too). He said my problem... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 18, 2019

You may have a claim against the mechanic--but probably not against the California company. The company will say the mechanic is an independent contractor and is liable for his own mistakes. I suggest you call the Clerk of County Court in your county and ask for copies of the forms used for cases... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Securities Law for Florida on
Q: Which legal platform needs to be used : Small Claims, Civil or FINRA for this? Claim can range from $5000 to $50000

I have an account with a brokerage firm and they have wrongfully escheated and sent my money to Department of Financial Services (Escheatment) in Florida. On enquiring, I have learnt that they have failed to follow the Due-diligence as per Florida Statues 732 and 717 and have also violated 17 CFR... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 12, 2019

You cannot sue the State of Florida--or the Florida Department of Financial Services--for punitive damages under any theory of law. Sign the settlement agreement and accept the $100 Florida apparently owes you.

1 Answer | Asked in Consumer Law and Real Estate Law for Florida on
Q: I am being sued by a neighbor for renting my house on Airbnb what type of attorney should I be seeking
Seril L Grossfeld
Seril L Grossfeld answered on Oct 30, 2019

Start with a real estate litigation attorney

1 Answer | Asked in Consumer Law and Collections for Florida on
Q: Can Garnishment be reopened?

I received a letter in April 2018 saying that the Plaintiffs Notice of Dissolvetion of Continuing Writ of Garnishment. Now being told they reopened it . What can I do? I am so Confused.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 21, 2019

You must have had your wages or some other income garnished; right? And so--back in April--the person or lender who sued you and received the garnishment must have though the debt had been fully discharged because they told the court--an d the bank--that they were "dissolving" the continuing writ.... Read more »

1 Answer | Asked in Consumer Law and Collections for Florida on
Q: What kind of attorney specializes in mortgage lender negligence? We almost lost our home before their mistake was found.

Purchased a house in October 2018 and mortgaged through Suntrust. In December 2018, they increased our tax escrow from $350 to over $700 a month. I challenged having to pay taxes of the prior owner for 2018 multiple times. In March 2019, I became disabled and lost my job. Tried to work with... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

Unless you actually lost your home to a foreclosure caused by negligence of the lender you are barking up the wrong tree. You cannot sue anyone unless you can prove some actual injury that caused some cognizable damages. "Almost lost our home" is NOT a legal injury; why? Because you still have the... Read more »

1 Answer | Asked in Consumer Law and Stockbroker Fraud for Florida on
Q: In Florida what are the laws for vehicle repossession, specifically the aution/sale of vehicle and deficiency debt?

Specifically, How long does creditor have to sell vehicle and time-frame of sale results to debtor, as well as notifying credit bureaus of debt balance changes? If dealer keeps and resells the car on credit for more than what was owed what happens? Thank you

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 17, 2019

Without the benefit of seeing all the underlying sale documents and financing documents, or discussing all the relevant facts with you, I can only tell you-- generally--that once an automobile has lawfully been repossessed by the creditor the debtor's "rights" in the car have been extinguished and... Read more »

3 Answers | Asked in Consumer Law and Medical Malpractice for Florida on
Q: can youu sue a plastic surgeon for breach of contract or trust

If a plastic surgeon didn’t stick to the service agreement and you wake up with something other that what was agreed on, can you get you money back from the credit issuer under consumer protection laws?

Linda Liang
Linda Liang answered on Oct 17, 2019

You may file a few causes of action, including breach of contract, batteries, malpractice.. and etc. But your credit issuer cannot simply refuse to pay without a stipulation or a judgement.

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1 Answer | Asked in Consumer Law for Florida on
Q: Is this worth sueing?

I bought an item on letgo that was labeled like new condition. It doesn't work and after bringing to a shop they said it was opened and reassembled manually. Not only that they also said the item does not work so they confirmed it. The seller will not respond to chat about refund. I lost 80 dollars... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 14, 2019

The decision is yours to make, but sometimes it comes down to a matter of how much time something going to cost to pursue. Good luck

Tim Akpinar

1 Answer | Asked in Business Law, Contracts, Consumer Law and Copyright for Florida on
Q: If you break the terms of service of Google Play Store (concerning Android), and further, Apple (concerning iphone)...

If you break the terms of service of Apple or Google Play Store, and it specifically states in the terms of service,

"If you break any term of this agreement, your right under this license automatically terminates without notice to you",

does that mean that you can never use your... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

This is not a legal question. Moreover, while lawyers are very intelligent and highly trained professionals--we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your current... Read more »

1 Answer | Asked in Consumer Law and Collections for Florida on
Q: My car was repo on Sunday why the dealership I bought the car from but I have been paying this finance copy for 2 year

but the dealership say they havent been paid in 2 years.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 9, 2019

You will have to hire a lawyer to investigate all the facts and help you recover your car.

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Internet Law for Florida on
Q: Looking for an attorney to counter-litigate 8:17-cv-1522-T-33MAP Middle District of Florida

Former employer gave me corporate iphone. Upon separation I was told to keep the iphone (documented via emails).

Iphone settings were never changed, and Microsoft Exchange was attempting to synchronize contacts with corporate Exchange server (standard functionality). User account was... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 30, 2019

If you retained a competent lawyer to defend you in the federal district court over two years ago I am surprised they did not file a counterclaim way back when you answered the complaint--because the plaintiff company might have seen the wisdom of paying your fees when they wanted to settle. In any... Read more »

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: purchased car put 2000 down drove off.. bank came back denied loan dealer ship wants car but wont return my down payment

i purchased a car at orlando hyundai paid 2000 down was told congratulations i drove off lot. weeks later bank says they require last 2 years tax return to confirm my Rental income... ( i have no rental income) so i told them no its just my check alone. which i make 30 a year. now they want car... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 23, 2019

Unless you find some way to get out of this SNAFU you will soon see a repo truck arrive to tow your new car away.

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: If I agree to purchase services but change my mind before I receive them, am I allowed to get a refund?

The receipt does state "Final Sale" in small letters at the bottom. This was for cosmetic procedures in a medical office. I thought Florida Statutes provided some protection.

Linda Liang
Linda Liang answered on Aug 26, 2019

The receipt could be boilerplate and thus not part of your agreement. The bottom line is that if you haven't received the service, you should not pay for it. You should look for "cancellation" provision in the agreement.

3 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Can a moving company ask for more money, five months after they have already been paid?

I hired a moving company solely to pack and move my belongings into a truck. When the work was completed, the company’s rep agreed to not charge for packing materials and issued an invoice accordingly, which was promptly paid. Five months later, the company’s owner is demanding that I pay for... Read more »

Linda Liang
Linda Liang answered on Aug 15, 2019

If there is a writing agreement, your concern is reasonable. Invoice is not proof of moderation, unfortunately. I would suggest you to pay for the material and be done with it.

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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Need case law or correct search term: 3 party not responsile for equipment breakdown

Moved and setup a clients server 4 years ago to a new location. A few months ago they had power surge which wiped their server, now they are trying to sue saying it was our fault for lose of information (their clients are suing them, they say we are the ones that should be held liable) They were... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 11, 2019

Search term: implied warranty, computer equipment servicing

1 Answer | Asked in Consumer Law for Florida on
Q: Where can I find a Pro Bono lawyer to defend me on the Court for a lawsuit about a credit card debt.
Tim Akpinar
Tim Akpinar answered on Aug 5, 2019

You could check with the Florida Bar to learn if their pro bono resources covers this area. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law and Civil Litigation for Florida on
Q: The Jeep was repossessed because I fell behind on payments. How is it I owe the same $23K I paid for it, 3 years later.

I’m in ARCADIA, not Miami. I was trying to save it by filing Chapter 13 bankruptcy. Had they actually spoken to the attorney, they’d know this and I probably would still have my Jeep.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 2, 2019

If your Chapter 13 is still in effect, and assuming they were listed and did not obtain relief from the automatic stay, they have violated the automatic stay. Ask your attorney about it.

2 Answers | Asked in Civil Litigation and Consumer Law for Florida on
Q: Now I need an attorney willing to go against Chrysler Capital pro bono for overcharging me for the Jeep I bought 3 years

ago after I traded my Chrysler 200. They way overcharged me so when I fell behind, they never contacted the attorney I had begun to retain for bankruptcy filing to protect my Jeep. They said they had and that he denied it. I spoke to him and he said they never contacted him. Needless to say, it was... Read more »

Charles M.  Baron
Charles M. Baron answered on Aug 1, 2019

You will likely not find a pro bono attorney with on-line inquiries, and there is no pro bono program that will automatically give you a pro bono attorney. However, there are programs that MIGHT be able to provide a pro bono attorney. For a Miami case, contact the Miami-Dade County Bar... Read more »

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1 Answer | Asked in Consumer Law and Real Estate Law for Florida on
Q: Must a builder honor an advertised price for a specific home/lot listed on his website and Zillow?

June 8 list price 194,000

July 24 reduced 184,430

July 27 reduced again 183,720

Says it is a mistake. Precise address is given. August 2019 availability stated.

Seril L Grossfeld
Seril L Grossfeld answered on Jul 29, 2019

Depending on the market a seller can change advertised price, especially if not offered through real estate agent. This is a private seller, we are not talking about switch and bait tactics, a seller can even withdraw the listing if offers are not coming in to seller's liking.

1 Answer | Asked in Consumer Law and Small Claims for Florida on
Q: Hi, I am looking to hopefully resolve an old Credit card judgement against me that was filed in 2007 in Florida,

I live in the UK now, and I am hoping to resolve it as I am planning a vacation to Florida but I am aware there could be a bench warrant for me as I couldn't attend the hearing. I work part time and can only afford the original amount but I am willing to pay monthly should discover card be willing,... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jul 18, 2019

There is no bench warrant out for you for a credit card financial judgment, the judgment is good for 10 years and then 10 more if renewed. You may want to start by looking up the case online with the clerk of the court in the county where you lived and see what it says, you can also call the clerk... Read more »

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